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CE marking of construction products – we’re all responsible

Construction cannot ignore new product regulation which came into force this month, says Sarah McCann Bartlett.

The construction industry faced one of its most significant challenges for a decade when CE Marking of construction products became a legal requirement in all Member States throughout the European Union and the European Economic Area.

The Construction Products Regulation (CPR) came into force on 1 July 2013 and requires CE Marking of construction products where they are covered by either a harmonized standard or a European Technical Assessment. Overnight this made it a criminal offence to supply hundreds of steel, concrete, timber and masonry construction products without a CE Marking. CE Marking of structural steelwork came into force on 1 July 2014.

Compliance with CE Marking is undoubtedly a legal issue. But it’s also a health & safety issue, an insurance issue and a reputational issue. This may be a regulation emanating from Europe, but this doesn’t mean that the construction sector should ignore it.

One of government’s criticisms of the construction sector is that it doesn’t speak with one voice. While I believe we’re seeing signs of change through mechanisms such as the Construction Leadership Council, there is still a long way to go. But as we see more European law coming into force in the UK, the government and industry are going to have to work together more effectively to ensure the industry is not disadvantaged by any new laws.

A number of Trade Associations such as the British Constructional Steelwork Association (BCSA) have spent considerable time and money helping their members comply with the CPR, as well as actively educating the wider construction supply chain. For example BCSA is working actively with colleagues in Europe, the UKCG, notified bodies and governments to ensure a consistent approach, and to ensure that the wider industry including main contractors and clients are fully aware of the requirements.

BCSA has also taken the step of making CE Marking compliance a condition of membership, therefore selection of a BCSA member company will ensure compliance with the CPR.

One year on from the introduction of the CPR, and many companies in the construction sector are only just getting to grips with the requirements of CE Marking, there is ongoing confusion over which products are covered, and it is also unclear whether other materials and product suppliers are as qualified as the structural steelwork supply chain.

So what are the ramifications of not complying with this law?

The CPR places legal obligations on manufacturers (such as steelwork contractors), distributors and importers. Because of this, the use of non-CE Marked products will have serious consequences and may invalidate insurance and warranties. Therefore all clients and contractors should routinely ensure that they specify only CE Marked construction products by an accredited notified body.

When a client or contractor imports construction products directly from outside the European Union and the European Economic Area, they will become an importer and must meet the legal obligations placed on importers by the CPR.

When a client or contractor imports construction products directly from outside the European Union and the European Economic Area, they will become an importer and must meet the legal obligations placed on importers by the CPR.

Under some conditions contractors or clients may be regarded as distributors under the CPR and under these conditions must comply with the legal obligations placed on distributers.

Compliance with CE Marking is undoubtedly a legal issue. But it’s also a health & safety issue, an insurance issue and a reputational issue. This may be a regulation emanating from Europe, but this doesn’t mean that the construction sector should ignore it – we’re all in this together.